Swiss court to examine if Yavatmal farmers used Polo pesticide in 2017 poisoning cases

Time of India

2 days ago

Nagpur: A civil court in Basel, Switzerland, has ruled that it will examine whether the Yavatmal farmers who lost their lives or fell ill due to the series of pesticide poisonings in 2017 actually used Polo, a pesticide manufactured by Syngenta, a Swiss agrochemical multinational.
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The entire case hinges on the proceedings to determine whether the victims used Polo at all.
It may be recalled that 22 farmers died due to accidental inhalation of pesticides during the cotton season of 2017, and scores fell ill. Polo, a diafenthiuron-based pesticide, was among the chemicals reported to have been used by the deceased farmers. However, the use of other pesticides, such as those containing monocrotophos, another chemical widely used on cotton crops, was also reported.
The Maharashtra govt also formed a special investigative team (SIT) on the matter.
This was followed by a major campaign on the safe way to use pesticides. The entire episode also exposed the vulnerability of farmhands during pesticide spraying.
Wives of the farmers, two of whom died and one left with an eye defect, had filed three different suits in 2021 in a court at Basel, which is also the headquarters of Syngenta. They were supported by an NGO, Pesticide Action Network (PAN).
The Swiss court also granted them free legal aid to carry out the litigation.
A week ago, the Swiss court ruled that it would now limit its proceedings to examine whether Polo — the brand made by Syngenta — was used. A source said that once this issue is decided, further proceedings, if any, will be announced.
The court is of the view that proceedings are needed to ascertain if the product alleged to have caused the death was used.
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A negative answer to this would lead to a final decision. This means that the court has fixed the issue in the case. The litigation would further proceed to prove the point, said Devanand Pawar, a farm activist and convenor of the Maharashtra Action Group of Pesticide Poisoned People (MAPP).
Meanwhile, Syngenta, in its response to the development, said the lawsuits filed relate to the incident that took place in India.
The investigation by Indian authorities has not linked Syngenta or any of its products to it. Moreover, no case was filed in India.
"We regret that the lawsuits were filed while none of the complaints and legal remedies available in India were pursued. It is important to note that no decision has yet been made by the civil court in Basel. The granting of free legal aid in 2022 was merely a provisional assumption of costs by the state. This does not in any way indicate the outcome of the legal proceedings," says Syngenta.
The company also confirmed that the civil court in Basel-Stadt has limited the proceedings to the question of whether the product held responsible by the plaintiffs was actually used.